United States Fifteenth Amendment

The House of Representatives

The House of Representatives of the Fortieth Session of Congress

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Document introduced in:

Session 6458: 1867-12-05 12:00:00

Frederick E. Woodbridge from Vermont and J. S. Golladay from Kentucky enter the House; H. R. 212 and H. R. 214 are proposed and referred to the Committee on the Judiciary

Document View:

H. R. 214

Shown with amendment 'H. R. 214: Mr. Stevens' Amendment' (e866343)

There are 0 proposed amendments related to this document on which decisions have not been taken.
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A Bill

To amend the act passed March 23, 1867, entitled "An act supplementary to an act to provide for the more efficient government of the rebel States,” passed March 2, 1867, and to facilitate the restoration thereof.

Whereas, since the organization of revolutionary State governments in the late rebel States of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Texas, and Virginia, no constitutional State governments have existed in said States; and whereas the Congress of the United States failed to provide by law for the removal of disloyal men now administering said illegal or pretended State governments; and whereas the government of the United States cannot recognize the right of men to hold office, even under a provisional or temporary government, who cannot take the oath of office prescribed by law: Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the conventions which have been, or which muchay hereafter be, elected, convened, and organized in either of the fifth section of an act plate rebel States of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Texas, and Virginia, as provided in the act of March 23, 1867, entitled “Anand the several acts supplementary thereto, be, and they are hereby, authorized to elect toby ballot a provisional governor and an executive council of six competent citizens, to administer, in such manner as the more efficientconvention electing them may prescribe, the provisional governments in each of the rebel States, passed March 2, 1867, asaid States, during the continuance of such governments.

Sec. 2. And be ito further enacilited, Thate their restoration," as requires that a majority of all the registered votes provisional governor and executive council thus elected for each of said States shall, before entering upon the discharge of their official duties, take and subscrict shall bbe the oath of office prescribed by act of July 2, 1862; and the compensast ion of said governor and executive council shall be fixed by the ratificationconvention and paid out of the constitution before it becomes valid be,State treasury.

Sec. 3. And be it further enacted, That the governor shall have authority, by and with the samadvice and approval of a majority of the executive council thus hereby, elected, to remove all persons far modifiedrom office in their respective Stat a majority ofes who have been engaged in rebellion against the votes cast atUnited States, or who have opposed the elecrestoration of said States tor their former relatificatons in the Union, or rejection ofwho have neglected or refused to take the Constitution shall be consioath of office prescribed by act of July 2, 1862, and to appoint in their stead loyal and competent men, under such rules and regulations as valid andthe convention may prescribe: Provided, That all persons appointed to offirming ce by the governor and executive council aforesaid, shall beforeject entering upon the constitutionduties of any office, take and subscribe the oath prescribed by act of July 2, 1862.

Sec. 24. And be it further enacted, That from and after the severalmeeting and organization of the conventions now authorized by law in either of the aforesaid States which , the authority given district commanders by act of July be rec19, 1867, to remove from and appoint to civil office any person in struch Stated us, is hereby revoked.

Sec. 5. And be it further enacted, That so much of the act of March 23, 1867, and its supplements, mayary to an act the time of voting uponentitled “And act to provide for the ratimore efficatient government of the constitution vote also for members of Congress, whorebel States,” passed March 2, 1867, as provides that, unless a majority of all the registered electors in each State shall vote “for a convention,” no convention shall be entitled to take their seats inheld under said act, and so much of said act as requires a majority of the next session of Congress afteregistered electors to vote for their several States shall have been ratification and acceptance of any constitution which may be framed and submitted intoby the Union; and until a new apporconventions authorized in the act aforesaid, as a conditionment the election for sai to its being transmitted memby the presiding officer of suchall be accordingnvention to the districts asPresident of they exis United in 1858States, be, and 1859, except when otherwise providthe same is hereby repealed for; and hereafther sa majority of the elective officersors in such of the States hereinbefore named who make the return ofy vote at any election authorized by the votes cast onseveral acts aforesaid, shall be authority for the ratification or rejecholding of such conventions as are therein provided for, and for the ratification of theany constitution framed by suchall convenumeratetions and certifysubmitted to the votes castqualified electors for the members of Congress, and give certificateir acceptance.

Sec. 6. And be it further enacted, That all acts and parts of eleacts incon tosistent with those having the largesprovisions of this act number of votes, and whom they may deem entit same are hereby, repealed thereto.

Decisions yet to be taken

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